EU court backs France on porn site age checks

The European Union's top court ruled on Tuesday that France can legally require pornographic websites to verify users' ages, supporting national efforts to shield minors from online adult content. The Court of Justice stated that while these age-check rules restrict the free movement of online services, they may be justified on public policy grounds, particularly the protection of minors.

The court also clarified that operators of pornographic websites cannot claim a hosting liability exemption for user content they store or rebroadcast if they exercise control over that content. Such measures can be applied to providers established in other EU states, provided France first requests action from their home country and notifies both that country and the European Commission, unless there are urgent circumstances.

The French rules, which require publishers of pornographic websites to prevent minors from accessing their sites, were challenged by Czech firms WebGroup Czech Republic and NKL Associates. The court affirmed that the EU's 'country of origin' principle still applies, meaning online services are generally regulated by the member state where they are established.